Patna High Court
Amar PaswanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to verification of the petitioner’s antecedent and compliance with the stipulated conditions.
Summary
Amar Paswan applied for anticipatory bail after learning that he may be arrested in a case registered under Sections 274, 275 and 3(5) of the Bihar Narcotic Substances Act read with Section 30(a) of the Bihar Excise Act, relating to the alleged recovery of 49.5 litres of liquor from a motorcycle and seizure of another motorcycle. The petitioner argued that he was not caught in the act, had no conscious possession of the liquor, was not the owner of the seized vehicles, and was implicated solely on secret information, also noting he had only one prior case. The State opposed the bail. The High Court, considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs. 5,000 with two sureties and directed verification of the petitioner’s criminal antecedent. It held that if the petitioner is found to have more than one prior case, the bail would not be confirmed; if only one prior case, the bail would be confirmed forthwith.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the alleged offences under the Bihar Narcotic Substances Act and Bihar Excise Act.
- Whether the petitioner’s criminal antecedent warrants denial of anticipatory bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 274, 275, 3(5), 482(2)
Subjects
- anticipatory bail
- liquor seizure
- Bihar Excise Act
- Bihar Narcotic Substances Act
- criminal antecedent
- Section 482
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28754 of 2026
Arising Out of PS. Case No.-54 Year-2026 Thana- Patauna District- Madhubani
======================================================
Amar Paswan S/O Late Rebi Paswan @ Rebu Paswan Resident of Village-
Raghepura, P.S- Patauna, Dist.- Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bhavesh Kumar Sah
For the Opposite Party/s : Dr. Kumar Uday Pratap
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 29-04-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 274, 275
and 3(5) of the BNS read with Section 30(a) of the Bihar Excise
Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case and allegation is of
recovery of 49.5 liters of liquor from a motorcycle and one
another motorcycle was also seized.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended from the spot as such nothing
was recovered from his conscious possession and is not the
owner of any of the seized motorcycles and he came to be
Patna High Court CR. MISC. No.28754 of 2026(2) dt.29-04-2026
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implicated based on secret information which is the easiest way
to implicate someone. It is also submitted that of late police has
started implicating accused with criminal antecedent in cases of
liquor for obvious reasons.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his arrest or surrender before the learned Trial Court
within a period of six weeks from today, be released on
Provisional anticipatory bail on furnishing bail bonds of Rs.
5000/- (Rupees Five Thousand) with two sureties of the like
amount each to the satisfaction of the learned Trial Court where
the case is pending/successor court in connection with Patauna
P.S. Case No. 54 of 2026 subject to the conditions as laid down
under Section 482 (2) of the BNSS.
7. It is made clear that thereafter the learned Trial
Court shall verify the criminal antecedent of the petitioner and
in the event if it is found that petitioner has antecedent of more
than one case then it would be presumed that petitioner, for the
purposes of seeking anticipatory bail, had concealed his
antecedent before this Court, as such, the provisional
Patna High Court CR. MISC. No.28754 of 2026(2) dt.29-04-2026
3/3
anticipatory bail order shall not be confirmed, but after
verification if it is found that petitioner has antecedent of one
case only, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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